In cases of leaky homes and leaky buildings, there is often more damage done than what can be photographed or repaired by a contractor. Indeed, New Zealand's leaky home epidemic often does some of its most serious damage to the actual people living in leaky homes. With a major bailout package in the works, home and property owners eagerly await assistance for mounting repair costs to their homes but also compensation for the pain and suffering they have been forced to endure because of water-damaged property.
Some owners of leaky homes have spent nearly a decade in battles against governmental policy makers, contractors and city officials in the hopes of salvaging their damaged homes and moving forward with their lives. There is life after leaky home litigation, but the stress and frustration of the battle can leave lasting scars and render property owners emotionally drained. This is why compensation for pain and suffering can be nearly as important as the funds to repair a damaged home; for many, it is their path to peace after difficult and trying times.
Today's plaintiffs in leaky home litigation have been determined eligible for compensation for pain, suffering, inconvenience, and stress. Such issues as physical pain or injury due to water damage are very common, as leaky floorboards can give way and decks have been known to collapse, causing notable injuries. Added to these are lost wages from work and the stress involved in juggling lawyers, contractors and some semblance of a normal life. Property owners dealing with leaky homes or buildings are no strangers to pain and suffering.
Governmental officials have identified some common misconceptions about compensation limitations for pain and suffering, and litigants are well-advised to familiarize themselves with the details of the compensation to which they may be entitled. Among the most common areas of confusion is the issue of residency as it pertains to pain and suffering claims. In the recent Byron Avenue decision, it was determined that property owners who also inhabited the damaged property in question were entitled to $25,000 versus non-resident property owners seeking compensation who were awarded $15,000.
Property owners seeking pain and suffering compensation have also been confused about filing multiple claims or larger single claims based on higher numbers of occupancy. At the moment, pain and suffering compensation has been awarded in single occupant cases only. As the long-awaited bailout package gets fine-tuned, property owners may be pleased with its policies concerning larger or multiple claims, but until then, the precedent set is for single dwellers of water-damaged property only.
When it comes to litigation for leaky homes and leaky buildings, the legal experts at Grimshaw & Co. are New Zealand's most trusted resource for timely information and comprehensive legal assistance. Visit Grimshaw & Co. leaky building specialist lawyers online to learn more about leaky building litigation.
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